New Delhi: A Kashmiri Pandit organisation has moved a curative petition in the Supreme Court seeking a probe either by the Central Bureau of Investigation (CBI) or National Investigation Agency (NIA) into the alleged mass murders and genocide of Kashmiri Pandits during 1989-90.
The plea, filed by Roots in Kashmir, has challenged an order of the top court passed in 2017 dismissing the plea saying: “The instances referred in the petition pertain to the year 1989-90, and more than 27 years have passed by since then. No fruitful purpose would emerge, as the evidence is unlikely to be available at this late juncture”.
A statement from the organisation said that in support of the curative petition, a certificate has been issued by senior advocate and Supreme Court Bar Association President, Vikas Singh. The curative petition also cited a 2018 Delhi High Court order on Sajjan Kumar in anti-Sikh riots case, where, allowing the appeal, it said: “It is important to assure those countless victims waiting patiently that despite the challenges, truth will prevail and justice will be done…”.
The plea said: “Transfer of investigation of all the FIRs/cases of murder and other allied crimes against Kashmiri Pandits in year 1989-90, 1997 and 1998, to some other independent investigating agency like the CBI or the NIA or any other agency as appointed by this Court, as till date J&K Police has failed miserably to make any progress in hundreds of FIRs lying pending with them.”
The plea sought prosecution of Yasin Malik and Farooq Ahmed Daar @ Bitta Karate, Javed Nalka and others, for hundreds of FIRs of murders of Kashmiri Pandits during 1989-90, 1997 and 1998, and which are lying uninvestigated by J&K Police even after expiry of 26 years.
“Transfer of all the FIRs/cases pertaining to murders of Kashmiri Pandits, from State of J&K to some other State (preferably NCT of Delhi), so that the witnesses, who were reluctant to approach police or courts in view of their safety concerns, can freely and fearlessly come and depose before investigating agencies and courts,” added the plea.
The plea urged the top court to issue direction to complete the trial and prosecution of Yasin Malik for alleged gruesome murder of 4 officers of Indian Air Force on the morning of January 25, 1990, which is currently pending before a CBI court.
It also sought “some independent Committee or Commission to investigate into the mass murders and genocide of Kashmiri Pandits during 1989-90 and subsequent years, and also to investigate the reasons for non-prosecution of FIRs of murders of Kashmiri Pandits and court-monitored investigation so that the hundreds of FIRs can reach their logical conclusion without any further delay”.